IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 207 CRR-1581-2007 Date of Decision:-25.04.2025 RAM NIWAS AND ANR. …..Pe++oners Vs. STATE OF HARYANA AND ANR. ….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Deyansh Arora, Advocate for Mr. Jagdish Manchanda, Advocate for the peoners. Mr. R.K.S. Brar, Addl. AG, Haryana. **** [DEEPAK GUPTA, J. (ORAL) Peoners were tried by Ld. JMIC, Karnal in a case arising out of FIR No.128 dated 19.03.1997 under Secons 323 and 325/24 IPC, registered at Police Staon Indri. A7er trial, the peoners were convicted under Secons 323 and 325/24 of IPC vide judgment dated 09.05.2006 by the trial Court and was sentenced to undergo rigorous imprisonment for a period of four months for commission of offence under Secon 323 IPC read with Secon 34 IPC and to pay fine of ₹300/- each with default sentence of one month simple imprisonment in case of non-payment of fine and were further sentenced to undergo rigorous imprisonment for a period of one year for commission of offence under Secon 325 IPC read with Secon 34 IPC and to pay fine of ₹700/- each with default sentence of three months simple imprisonment in case of non-payment of fine. 2. Against the abovesaid convicon and sentence, this peon was filed. 3. Today learned counsel for the peoners stated at the outset that peoners does not press the peon against the judgment of convicon; and that peoiners confine their prayer only against order of sentence. It is submi@ed that peoners would be sasfied, in case they are sentenced to imprisonment for the period already undergone by them. 4. Learned counsel points out that offence pertains to the year 1997; PRIYANKA 2025.04.29 10:14 I attest to the accuracy and integrity of this document CRR-1581-2007 that peoner No.1 has already undergone actual sentence of 01 month and 26 days and peoner No.2 has already undergone actual sentence of 01 month and 21 days and are not involved in any other case and so, they deserve to be sentenced for the period already undergone by them. 5. Learned State counsel has not seriously objected to the aforesaid prayer. 6. The custody cerficate placed on record by the respondent-State would reveal that peoners have already undergone actual custody sentence of 01 month & 26 days and 01 month and 21 days respecvely. It is revealed further that they have no criminal antecedents. The offence was commi@ed way back in the year 1997 i.e. 28 years back. 7. In the aforesaid facts and circumstances, it will be in the interest of jusce, if the period of imprisonment is reduced to the period already undergone by the peoners, instead of sending them behind bars in the company of hardened criminals. 8. Consequently, the present peon is partly accepted. By maintaining the impugned judgment against convicon, the order of sentence as passed by the trial Court is modified and the peoners are sentenced to imprisonment for the period already undergone by them. As far as fine is concerned, it will remain same. 9. However, it is made clear that amount of fine, if not paid earlier, shall be deposited before learned Chief Judicial Magistrate concerned, within a period of four weeks from today, failing which the peoners will have to carry out the complete sentence as imposed by the trial Court. Disposed of. ( DEEPAK GUPTA ) JUDGE April 25, 2025 Pry Whether Speaking/reasoned Yes Whether Reportable No p. 2 PRIYANKA 2025.04.29 10:14 I attest to the accuracy and integrity of this document